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THE MINISTRY OF CULTURE AND INFORMATION

THE MINISTRY OF CULTURE AND INFORMATION

DECISION No. 05/2000/QD-BVHTT OF MARCH 29, 2000 PROMULGATING THE REGULATION ON MANAGEMENT OF THE CONSTRUCTION OF GRANDIOSE FRESCO-STATUE MONUMENTS (FINE ART SECTION)

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to the Government�s Decree No.81/CP of November 8, 1993 defining the functions, tasks, powers and organizational apparatus of the Ministry of Culture and Information;

Pursuant to the copyright section of the Civil Code of the Socialist Republic of Vietnam;

Pursuant to the Government�s Decree No.91/CP of August 17, 1994 promulgating the Regulation on management of urban planning;

Pursuant to the Construction Ministry�s Dispatch No.290/BXD-PC of March 3, 2000 agreeing on the promulgation of the Regulation on Management of the Construction of Grandiose Fresco-Statues Monuments (Fine art section);

At the proposal of the director of the Fine Arts Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on Management of the Construction of Grandiose Fresco-Statues Monuments (fine art section).

- This Regulation shall apply to the management of the fine art construction of grandiose presco-statues, including the creation of sketch model, representation, materials conversion, layout and erection of statues, frescoes, bas reliefs.

- The capital construction included in the total project "Statue-Fresco" shall not be governed by this Regulation.

Article 2.- This Decision takes effect throughout the country 15 days after its signing.

Article 3.- The director of the Ministry�s Office, the heads of functional Departments of the Ministry, the directors of the provincial/municipal Culture and Information Services shall coordinate with the Construction Services of the provinces and centrally-run cities in disseminating this Regulation to various branches and levels and guiding them to implement it.

For the Minister

of Culture and Information

Vice Minister
NGUYEN TRUNG KIEN

REGULATION ON MANAGEMENT OF THE CONSTRUCTION OF GRANDIOSE FRESCO-STATUE MONUMENTS (FINE ART SECTION)

(Promulgated together with Decision No.05/2000/QD-VHTT of March 29, 2000 of the Minister of Culture and Information)

Chapter I

GENERAL PROVISIONS

Article 1.- Conception of grandiose fresco-statue monument

a/ Grandiose fresco-statue monument is a cultural and art works depicting the ideology and spirit of the time, bearing the contemporary social characters, represented in sustainable materials, which is a component of the urban architectural space and natural landscape, with grandiose scale and artistic forms and impact on social perception.

b/ For statue and bas relief, grandiose frescoes (in various materials), when represented in clay, the process is called to knead; represented in rock materials, it is called to sculpture, represented in metals, cement or plaster, it is called to cast; represented in thin metal sheets, it is called to hammer�, hereinafter referred collectively to as building the grandiose fresco-statue monument (regarding the fine arts).

c/ Creation of sketch model of grandiose fresco-statue monument is called for short sketch creation.

d/ Pursuant to the fine art particularities, to organize sketch competition in order to select model of the grandiose fresco-statue monument, thereby determining the project�s author and applying the Civil Code�s provisions on copyright in the process of fine art presentation of the grandiose fresco-statue monument.

Article 2.- Scope and objects of application of the Regulation.

The expression contents of the grandiose fresco-statue monument (regarding the fine arts) includes: statues (representation bloc), monument, paintings and bas relief.

a/ This Regulation applies to the management of the fine art representation of new grandiose fresco-statue monuments or the renovation, embellishment, repair or replacement of old grandiose fresco-statue monuments, including symbols and fine art section affixed to war dead monuments, construction works; statues in premises or gardens with contents of religious ideology or beliefs, which affect the landscapes, environment, culture and society.

b/ The architectural components of the overall project on grandiose fresco-statue monument such as yard, gardens, green trees, grass lawn, lighting, lightning-arrester, water supply and drainage systems... shall be managed, invested in and constructed according to the procedures prescribed in Decree No.52/1999/ND-CP of July 8, 1999 of the Government.

c/ The grandiose fresco-statue monument projects represented must conform to the urban construction planning as well as historical relics and scenic place planning, which have been already approved by competent authorities.

d/ The representation of statues, monuments and grandiose frescoes must meet the artistic and technical quality requirements.

e/ To strictly forbid the building of grandiose fresco-statue monument projects with ideological contents contrary to the cultural, literary and artistic policies of the Party, the State laws and the fine customs and practices of the nation.

Article 3.- Subjects entitled to be granted permits for renovation, embellishment, repair or replacement of grandiose fresco-statue monuments

a/ Subjects:

The State bodies, social and mass organizations, armed forces units, Vietnamese citizens, overseas Vietnamese and foreign nationals may build and shall have to manage, renovate, repair or replace statue- grandiose fresco monument projects in strict accordance with the planning approved by the competent authorities and current legal documents.

b/ Capital sources:

- For the grandiose fresco-statue monuments which use the State budget capital: The State manages the planning budget, representation process and artistic quality.

- For the grandiose fresco-statue monuments which do not use the State budget capital: The State shall manage the overall planning, the representation process and the artistic quality of the project, based on the level of expenses prescribed by this Regulation to reach agreement on implementation.

Article 4.- Forms of organizing the management of the implementation of investment projects for construction of grandiose fresco-statue monuments.

Depending on the scale, nature and specific conditions of each project, the person competent to decide the investment shall opt for and decide on one of the following forms of management of the project (including the fine art part):

a/ The investor shall directly manage the project implementation and act as the executive manager of the project (according to Decree No. 52/1999/ND-CP of July 8, 1999 of the Government, promulgating the Investment and Construction Management Regulation).

b/ Sketch transfer: Transfer part or whole of the works.

Due to the particular features of the fine art sector, the project management expense shall be the expense for activities of the project management board to manage the fine art activities, including seminars, sketch exhibition, comment gathering... The maximum expense level shall not exceed the following prescribed levels:

Ordinal number

1

2

3

4

5

Approved pre-tax fine art cost estimate (z)

< 1 billion VND

> 1 to 2 billion VND

> 2 to 3 billion VND

> 3 to 4 billion VND

> 4 to 5 billion VND

Prescribed expense level

2%

1.8%

1.6%

1.4%

1.2%

Ordinal number

6

7

8

9

10

Approved pre-tax fine art cost estimate (z)

> 5 to 6 billion VND

> 6 to 7 billion VND

> 7 to 8 billion VND

> 8 to 9 billion VND

> 9 to 10 billion VND

Prescribed expense level

1%

0.8%

0.6%

0.5%

0.46%

If the approved pre-tax fine art cost estimate exceeds 10 billion dong, the expense may be calculated at the level of > 9 to 10 billion VND according to the above table and added with 5 million dong to every billion dong in excess of the approved fine art amount.

Article 5.- The Culture and Information Ministry�s functions and powers in the management of investment in and construction of the grandiose fresco-statue monuments.

a/ To guide and inspect the observance of the Regulation on management of the fine art construction of the grandiose fresco-statue monuments.

b/ To cancel the results of marking and selection of sketch if the organization of sketch creation competition by the investor or the marking and selection by the Art Council fail to comply with the provisions of this Regulation.

c/ To suspend the fine art representation or revoke the representation permit when the sketch quality or representation quality fails to meet the requirements on contents and art forms.

d/ To decide the repair, renovation, upgrading of materials conversion or cancel statuary monuments and/or grandiose frescos which fail to meet the art requirements.

e/ To commend or propose commendation for projects of high artistic value. To handle breaches of contracts for sketch creation and fine art representation of the statuary monument, grandiose fresco projects.

f/ To evaluate the fine arts cost estimate of the project; to evaluate together with the Art Council the art quality.

g/ To grant permit for fine art representation of the grandiose fresco-statue monument.

Chapter II

AUTHORS OF GRANDIOSE FRESCO-STATUE MONUMENTS

Article 6.- Criteria, functions, tasks and powers of authors of grandiose fresco-statue monuments

a/ Authors� criteria:

- Authors of grandiose fresco-statue monuments are individuals or groups of professionals (co-authors).

- Only those authors who fully meet the following two criteria as required by a number of projects shall be invited by names (appointed) to create sketches:

+ Having the university or higher degree in sculpture.

+ Having been the authors of at least two grandiose fresco-statue monument projects of the provincial, municipal or central level, which have already been constructed with high quality, with certification by the Ministry of Culture and Information.

- For projects of the provincial, municipal, central, ministerial, branch or State level, authors who fail to satisfy the two above-mentioned criteria shall have to take up competition for sketch selection before they are selected for representation.

Authors having no university degree in sculpture, when representing their works, must cooperate with persons who have university degrees in sculpture and experiences in representing the grandiose fresco-statue monuments.

b/ Tasks:

+ To create sketch models of grandiose fresco-statue monument, step one.

+ To create sketch models of grandiose fresco-statue monument, step two.

+ According to the Civil Code�s provisions on copyright and the fine art particularities, the representation of grandiose fresco-statue monument is a process of constant creation of artistic intentions, from the sketch creation, the 1/1 scale enlargement, to the material conversion and layout by authors. Therefore, the work of fine art representation of the grandiose fresco-statue monument shall be entitled to the application of the form of appointed representation (including materials, exclusively typical single tools of the fine art sector).

c/ Powers:

+ The authors may select painters and sculptors, who are capable and have suitable creation style, to join them in the work of representation.

+ The authors may authorize other persons to make representation or direct the representation of their sketches. In such case, the authors may join the Council for test upon completion and acceptance and their opinions are considered important.

+ Those authors who personally make the representation shall be provided with the presentation expense according to the approved fine art cost estimates.

+ Those authors who direct the art creation in representation shall be provided with a fund at least equal to 3% of the approved pre-tax fine art cost estimate, and such expense shall be paid by the representation units.

+ The grandiose fresco-statue monuments must have the authors� names inscribed at proper places thereon.

+ The authors shall be entitled to the regime of royalties and allowances for their used works and other provisions on copyright prescribed by law.

Article 7.- Expense for sketch creation (authors� royalties):

a/ The sketch creation expense shall be calculated in percentage (%) of the approved pre-tax fine art cost estimate, but shall not exceed the following levels:

Ordinal number

1

2

3

4

5

Approved pre-tax fine art cost estimate (z)

�1 billion VND

>1 to 2 billion VND

>2 to 3 billion VND

>3 to 4 billion VND

>4 to 5 billion VND

Prescribed expense level

10%

8.5%

7.3%

6.8%

6.2%

Ordinal number

6

7

8

9

10

Approved pre-tax fine art cost estimate (z)

>5 to 6 billion VND

>6 to 7 billion VND

>7 to 8 billion VND

>8 to 9 billion VND

>9 to 10 billion VND

Prescribed expense level

5.9%

5.6%

5.3%

5%

4.7%

If the approved pre-tax fine art cost estimate exceeds 10 billion dong, the sketch creation expense shall be calculated as being equal to 4.7% plus 10 million dong for every subsequent billion.

2. For a grandiose fresco-statue monument with the change of materials or duplication twice or more, the 1/1 scale sketch creation expense rate shall be calculated as being equal to 30% of the sketch creation expense according to the value of the new works.

Chapter III

ART COUNCILS FOR GRANDIOSE FRESCO-STATUE MONUMENTS

Article 8.- Functions and tasks of the Art Councils for grandiose fresco-statue monuments

a/ The composition of an Art Council for grandiose fresco-statue monuments:

The grandiose fresco-statue monument Art Council of the central level, set up by decision of the Culture and Information Minister, is composed of administrators, sculptors, painters, architects, who have prestige and high professional and moral qualities (at least 2/3 of the Art Council members are painters or sculptors with university or higher degree, who have been trained through full-time courses).

The grandiose fresco-statue monument Art Council is set up and operates immediately after the sketch model, step 1, is completed.

b/ The powers of the grandiose fresco-statue monument Art Council

Before a grandiose fresco-statue monument is represented, the sketch (overall plan on spatial ground design) must be approved through voting by the Art Council. The Council�s conclusions constitute an important art basis for the persons competent to decide the investment to approve the technical designs and the total cost estimate of the construction investment project. If such a decision differs from the Council�s conclusion, the person competent to decide the investment, before making a decision, must consult in writing with the Council and take responsibility for his/her decision.

c/ The functions and tasks of the central-level Art Council for grandiose fresco-statue monuments:

The central-level Art Council for grandiose fresco-statue monuments is tasked to advise the Culture and Information Minister on matters related to the art of the grandiose fresco-statue monument projects managed by the Central Government or projects of important positions and contents, managed by provinces or centrally-run cities, with the following jobs:

- Examining and approving sketches (plan on ground design, overall spatial design according to the requirements of each project).

- Testing upon completion of and accepting the fine art representation part by part and, together with the investor, testing upon the completion of and accepting the complete grandiose fresco-statue monument project.

- Commenting on and supervising the art quality in the process of representing, classifying and rating grandiose fresco-statue monuments, proposing the State to award prizes.

Article 9.- The composition, functions and tasks of the provincial/municipal Art Councils for grandiose fresco-statue monuments

a/ The regulations on the establishments of grandiose fresco-statue monument Art Councils of the provinces and centrally-run cities:

- The grandiose fresco-statue monument Art Councils of the local level shall be set up by decisions of the presidents of the People�s Committees of the provinces and centrally-run cities and operate right after the step-one sketch model is completed, and must necessarily include a representative of the provincial/municipal Culture and Information Services.

- The grandiose fresco-statue monument Art Councils of the provinces, centrally-run cities and ministries as well as branches, before being established, must have their members agreed upon by the Fine Arts Department of the Ministry of Culture and Information.

b/ The composition of a local grandiose fresco-statue monument Art Council:

- 1/3 of its members are administrators and 2/3 are sculptors and painters with university or higher degree and trained through full-time courses (including one architect), who have prestige, high professional and moral qualities. Experts of central bodies may be invited to join the Council in the following cases: The number of prestigious and professionally skilled painters and sculptors in localities fail to account for 2/3 of the Council�s members.

c/ Functions and tasks of the provincial/ municipal Art Councils for grandiose fresco-statue monument:

The provincial/municipal grandiose fresco-statue monument Art Councils are tasked to act as art consultants and supervisors for the presidents of the provincial/municipal People�s Committees on grandiose fresco-statue monument projects managed by localities, with the following jobs:

- Examining and approving sketches (plan on ground design and overall spatial design according to the requirements of each project) of local fine art projects.

- Testing upon completion of and accepting the representation part by part and, together with the investor, testing upon completion of and accepting the entire fine art volume when the project is completed.

- Commenting on and supervising, the art quality in the process of representation, proposing commen-dation and handling of matters related to fine arts.

Article 10.- Working mode of the grandiose fresco-statue monument Art Councils

a/ The grandiose fresco-statue monument Art Councils work on the principle of equality and democracy among their members. The Councils� decisions shall be voted through secret ballots or point scoring, and a decision shall be valid only if it is voted for by over 50% of the Council members (calculated according to the number of votes or the highest point downward).

- The Council members must fully comply with the competition rules, norms and mode, make scoring and selection, and take responsibility for the conclusions of the Council.

- In working sessions, if 1/3 or more of the Art Council�s members are absent, the decisions must be approved at the next sessions or wait for the directing opinions of the Ministry of Culture and Information.

b/ The authors and units involved in sketch creation and works representation must not join the Art Councils.

c/ The Art Councils shall conduct the art inspection with the following contents:

- Conducting field study and survey;

- Inquiring into and gathering materials;

- Marking and selecting steps of sketching;

- Making comments to authors, raising the art quality of the projects;

- Testing upon completion of steps.

- The Art Councils� expenses for the above-said work shall comply with the evaluated cost estimate of the Ministry of Culture and Information and approved by competent authorities, but the maximum expense shall not exceed the following prescribed levels:

Ordinal number

1

2

3

4

5

Approved pre-tax fine art cost estimate

<2 billion VND

>2 to 5 billion VND

>5 to 7 billion VND

>7 to 10 billion VND

10 billion VND

Prescribed expense level

2% - 2.5%

1.5% - 2%

1% - 1.5%

0.8% - 1%

0.3% - 0.7%

If the approved pre-tax fine art cost estimate exceeds 10 billion dong, the expense shall be calculated according to the level of 10 billion dong (column 5) and plus 5 million dong for every additional billion of the approved fine art cost estimate.

When a project is completed, the Art Council shall also fulfill its tasks and dissolve. Depending on specific project and their contributions to the success of the project, Art Council members may be commended by the investor or the higher authority at the proposal of the investor.

Chapter IV

THE PROCESS OF FINE ART CONSTRUCTION OF THE GRANDIOSE FRESCO-STATUE MONUMENT PROJECTS

Article 11.- The stage of sketch creation

a/ The investor shall carry out the following work in preparation for the sketch creation step:

- Compiling the explanation of the contents, ideological themes, purposes and significance. Depending on the requirements and nature of each project, the investor shall place direct order for an author or organize a competition among many authors, and represent the size of the grandiose fresco-statue monument, the materials used for representation, the agency managing the project exploitation.

- Elaborating norms and rules for the sketch competition (the plan on ground design, overall spatial design) and method of point scoring for selection by the Art Councils so as to ensure the fairness, honesty, accuracy and secrecy.

- Setting up the Art Council (according to Articles 10 and 11)

b/ Step one- sketch creation:

- Drafting with idea model and disposition. With the height of 60 cm.

- The predesign drawing of the overall architectural spatial ground, including the vertical section, cross section� or model, small rough model.

- Explanation of plastic idea.

- Organizing seminar, exhibition (if necessary).

- The sketch must clearly state the ideology and art of the works through the harmonious arrangement between the shape and lines of the statuary monument and its base; between the bas relief, grandiose murals and support architectural works such as display house, museum, fountain garden, etc.

- The number of sketches for each grandiose fresco-statue monument project submitted by the investor to the Art Council for approval and selection must be at least 3.

- The sketch models (plans on overall spatial design) sent for competition must be uniform in size, number, materials used, implementation and submission time.

-The level of expense for investment preparation with project formulation and step-one sketch shall not exceed 3% of the approved fine art cost estimate and be calculated into the total fine art expenditures of the project.

c/ Step-two sketch creation.

Step-one sketch (including the overall spatial ground design), after being selected by the Art Council, shall be switched to step two. At this step, the sketch is 120 cm or more in height, with more careful and comprehensive representation, thereby serving as model for the scale 1/1 enlargement.

The detailed expense estimate for the fine art representation is formulated on the basis of the representation volume compatible to the sketch, the project materials (according to the standard fine art unit prices set by the State), promulgated by the Ministry of Culture and Information (with the participation of the Ministry of Construction).

Article 12.- Process of the fine art construction of grandiose fresco-statue monuments

a/ Implementation process:

Besides complying with the Government�s Decree No.52/1999/ND-CP of July 8, 1999 promulgating of the Investment and Construction Management Regulation, the following work of fine art particularity must be done:

- Evaluation of the fine art cost estimate by the Ministry of Culture and Information.

- Approval of step-two fine art sketch model (already selected by the Art Council), the technical designs of architectural elements of the grandiose fresco-statue monument and the project�s total cost estimate, by the competent authorities.

- Application for fine art construction of the grandiose fresco-statue monument.

- Signing the contract for the fine art representation at various steps.

- Preparation of studio for the scale 1/1 enlargement of the works, change of materials and layout at the site.

- The investor shall have to inspect and monitor the contract for representation.

- Test upon completion, settlement of investment capital, hand-over and provision of warranty for the project.

b/ Representation of the scale 1/1 enlargement:

- Change of materials, giving the final touch to the project (and corresponding forms of representation).

- The sketch, when enlarged, must fully express the intended ideological theme and the art quality of the model shall be finalized.

c/ Casting the earthern statue into plaster mould, scale 1/1:

Before casting earthern model into mould, scale 1/1, it must be tested upon completion by the Art Council before the investor permit the casting into mould and casting of the model statue.

d/ Change of materials and final layout on the site:

- It is required to be absolutely loyal to the scale 1/1 model statue. To selectively accept with responsibility the comments of the Art Council and competent people in order to raise the art quality of the project.

- To ensure the harmony between the base, statue, bas relief and the greenery, light, premise, fence wall... in a strict and unified overall disposition, ensuring high aesthetic value.

e/ Test upon completion and hand-over of the fine art part of the project:

The Art Council shall assist the investor in testing upon completion of the project before acceptance. The representation unit shall hand over the project to the investor. The two sides proceed with the contract liquidation and effect the warranty for the project.

Article 13.- Granting permits for the fine art representation of the grandiose fresco-statue monument.

a/ Subjects to be granted permits for fine art representation:

The construction, repair, renovation, material change and cancellation of the fine art part of the grandiose fresco- statue project must be granted permits and subject to the State fine art management by the Ministry of Culture and Information or the provincial/municipal Services of Culture and Information.

b/ Elements not subject to the granting of fine art permits:

- The architectural construction element of the overall grandiose fresco-statue monument project shall comply with the Government�s Decree No.91/CP of August 17, 1994 promulgating the Regulation on management of urban planning and Decree No.52/ND-CP of July 8, 1999 promulgating the Investment and Construction Management Regulation.

c/ Competence to grant permits for fine art representation of the grandiose fresco-statue monument:

- The Minister of Culture and Information shall grant permits to grandiose fresco-statue monument projects of central level and President Ho Chi Minh�s statue project, large-scale projects of provincial, municipal, ministerial and branch levels, situated in social, cultural and political centers, statue projects situated in historical relics or scenic places, already classified by the State, sizeable religious painting projects, foreign statues built in Vietnam. In a number of specific projects, the Minister of Culture and Information shall authorize the Fine Arts Department director to grant representation permits.

- Presidents of the People�s Committees of the provinces and centrally-run cities shall grant permits for construction of grandiose fresco-statue monuments of local level (not subject to the above regulations).

In a number of concrete cases, the presidents of the provincial/municipal People�s Committees may authorize the provincial/municipal Services of Culture and Information to grant permit for representation of statuary monument projects under the local management according to the urban planning already approved by the competent authorities.

d/ The dossier of application for permit for fine art representation of the grandiose fresco-statue monument:

- The application for the permit;

- The minutes on approval of sketches by the Art Council;

- Documents related to the project;

- Photos of the sketches taken from three dimensions and the design plan drawing (the smallest size is 15x18).

- The time for permit granting shall not exceed 30 days (for national projects) and 20 days (for local projects) after the full receipt of the valid dossiers by the permit-granting bodies.

- The permit for representation of the gradiose fresco-statue monument is valid for 12 months after its signing. Past such time limit, if failing to proceed with the work, the investor shall have to reapply for the permit.

Article 14.- Contents of a contract for the fine art representation of the grandiose fresco-statue monument.

a/ The contract shall be signed between the investor and the representation unit which has legal person status and represents the author under the latter�s authorization (or the author him/herself, for small or medium projects).

The general expense: The maximum level shall not exceed 35% of the approved pre-tax fine art cost estimate.

b/ The contract�s content must clearly define the responsibility of each party for the volume, technical and art quality, price, mode of payment, time of completion, conditions for ensuring the material and technical conditions, moral and material interests of each party.

c/ The representation contract may be signed in part or in package; for the transfer contract (definite purchase, definite sale), the contractual price is the one calculated according to the fine art unit price index promulgated by the Ministry of Culture and Information (with the participation of the Ministry of Construction) and the fine art cost estimate must be evaluated by specialized management agency of the Ministry of Culture and Information and approved by the person competent to decide the investment.

d/ In the course of representation, if a reasonable work volume arises and the prices change, the parties may sign a contract, supplementing appropriate terms (but without exceeding the approved cost estimate, including reserve funding).

e/ Fine art sketches and architectural design plans, which are sent for competition but not entitled to the conclusion of any contracts, shall enjoy the initial investment royalty or rewards of the organizating committee (the project managing board). This funding is included in the fund for project preparation, if it is so notified in the regulations of the organizing committee.

Article 15.- Evaluation of the project in terms of its fine arts:

a/ Evaluation of the fine art cost estimate:

- Evaluation grounds:

+ The fine art unit prices promulgated by the Ministry of Culture and Information with the participation of the Ministry of Construction and the State�s current financial regimes and policies.

+ The evaluation of the validity of the dossiers of application for project evaluation.

+ The evaluation of the economic norms of the cost estimate to see if they are compatible to the representation idea or not, including the art volume and quality.

+ The expenses in the cost estimate are compatible with the fine art unit prices and the State�s current regimes and policies.

b/ Agencies evaluating the fine art cost estimate (only for the source of State budget capital):

- The fine art cost estimate of over 7 billion dong must be evaluated by an inter-branch council, with the Ministry of Culture and Information assuming the prime responsibility. (The council is assisted by evaluation experts).

- The fine art cost estimate of under 7 billion dong shall be evaluated by the Fine Arts Department of the Ministry of Culture and Information (the Department director is assisted by evaluation experts).

- For projects with the fine art cost estimates being under three hundred million dong, such estimates shall be evaluated by localities.

c/ Dossiers on evaluation of the fine art cost estimate:

- The official dispatch of the project investor, requesting the evaluation of the fine art cost estimate.

- The fund estimate elaborated by the author or jointly by the author and the representation unit.

- Photo of the sketch (4 dimensions); photo or drawing of the spatial ground, the minimum size of the photo is 10 x 15.

* The photos must be enclosed with explanation and clear.

- The minutes of the Council�s meetings.

- Decision of the authority competent to select the representation draft.

- Documents related to the project.

d/ Conclusion of evaluation:

- The evaluating agency shall have to submit the report on evaluation results to the authority competent to decide the investment.

- The fine art evaluation agency shall be accountable before the investor and law for the results of its work.

e/ The duration for evaluation of the fine art cost estimate:

For projects capitalized at 7 billion dong or more, it shall not exceed 30 days and for projects valued at under 7 billion dong, it shall not exceed 20 days after the evaluating agency receives the valid dossiers.

Chapter V

TRANSFER OF THE FINE ART DRAFT AND WORKS ON GRANDIOSE FRESCO-STATUE MONUMENT

Article 16.- The basic requirements on the fine arts part of the grandiose fresco-statue monument, allowed to be transferred and ordered.

The fine art part of the grandiose fresco-statue monument may be transferred in part or in whole under the following conditions:

a/ The works has been granted permit for representation by competent body.

b/ The author uses his/her own capital to materialize his/her works (the fine art part) and bear all risks that may occur.

c/ In the course of construction, the author must abide by all current regulations of the State.

d/ The art quality of the sketch and the works must be evaluated and selected by the Art Council.

e/ The price agreed upon by the purchaser and the seller shall be based on the fine arts unit price index and evaluated according to Article 16 of this Regulation.

f/ The investor submits the total cost estimate for approval after the Art Council and the project managent board have tested upon completion and accepted the hand-over of the works at the studio or the project construction site.

Article 17.- Forms of transfer

a/ Transfer of shetch (the copyright): The investor places the order for the shetch made by the author of his/her own choice or purchases the shetch via competition.

b/ Transfer of the works part by part.

c/ Transfer of the entire fine art part of the project, which has been completed and laid out at the site.

d/ Scope of transfer with regard to materials:

- For works cast in concrete, metal or composite materials, they may be transferred at the stage of model statue, scale 1/1, and the completely cast works.

- With duplication materials such as wood, rock, metal sheets, the transfer can be made only when the works is completed in materials.

- Transferring and ordering the entire fine art part, which has been completed and installed at the construction site. The transfer contract is made simultanously with the test upon completion of the project.

Article 18.- Rights of authors and owners of the transferred works

a/ For the grandiose fresco-statue monument shetch and works, which have already been transferred, the ownership over such properties shall belong to the transferee according to the contract.

All forms of use must be fully reflected in the transfer contract, which must also clearly define the liability and material as well spiritual interests of each party.

b/ When a shetch is transferred, the transferee shall be entitled to the selection of individuals or units for representation, change of materials enlargement or restriction, duplication and adjustment in construction.

c/ The draft unit prices shall comply with Article 8 of this Regulation plus the percentage of the approved pre-tax fine art cost estimate for the definite sale of the copyright (the maximum addion level shall not exceed 3%).

Chapter VI

EVALUATION OF ART QUALITY AND PROJECT WARRANTY

Article 19.- Quality rating.

a/ After the project is tested upon completion and accepted and the entire work volume has been completed according to contract, the investor, the Art Council and the agency which grants the permit for representation shall comment and rate the project.

b/ Criteria for rating of project shall be as follows:

- For grade A projects:

The art quality is rated eminent. The entire project including the statue, bas relief, fresco, base, greenery, lawn, lighting is uniform and harmonious, the construction tempo is achieved, the safety for people and property is absolutely maintained, the representation unit (Party B) is rewarded or proposed to the superior for reward, by the investor (Party A).

- For grade B projects:

The general art and technical quality is ensured, a part or a small detail may not be completed, which, however, does not affect the entire project. The construction tempo is achieved and the safety for people and property is maintained.

- For grade C projects:

The art or technical quality is below the mark. The party held accountable for this must make compensation therefor and immediately repair the project.

Article 20.- Warranty for grandiose fresco-statue monument projects:

a/ The warranty duration for the fine art part is 1 year. The proportion of fund temporarily withheld for warranty is 2% of the approved pre-tax fine art cost estimate. If nothing happens, such proportion shall be fully refunded after the expiry of the warranty period.

b/ All acts of infringing upon grandiose fresco-statue monument projects must be prevented in time and handled according to current law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 21.- Subjects of Regulation.

The ministries, the ministerial-level agencies, the People�s Committees of the provinces and centrally-run cities and organizations as well as individuals involved in the construction of grandiose fresco-statue monument projects shall have to implement this Regulation.

Article 22.- Effect of the Regulation

This Regulation takes effect 15 days after the signing for promulgation. The Regulation on construction of grandiose fresco-statue monuments issued together with Decision No.568/QD-PC of May 8, 1992 of the Minister of Culture, Information and Sports, Decision No. 2910/QD-MT of November 5, 1994 of the Minister of Culture and Information supplementing and amending the Regulation on construction of grandiose fresco-statue monuments, Decision No.2659/QD-PC of October 16, 1996 of the Ministry of Culture and Information and legal documents of the Fine Arts Department guiding the implementation of such decisions and regulations, shall cease to be effective from the date this Regulation takes effect.

For Minister of Culture and Information

Vice Minister
NGUYEN TRUNG KIEN